THESE WEBSITE TERMS OF USE (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND KUA SKY LLC. (“Kua Sky”). THESE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL: WWW.KUASKY.COM/ (THE “SITE”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THESE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE.
Changes
Kua Sky may make changes to the content available on the Site at any time. Kua Sky can change, update, add or remove provisions of these Terms, at any time, by posting the updated Terms on this Site. By using this Site after Kua Sky has updated these Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
General Use
By using this Site, you represent, acknowledge and agree that you are at least 18 years of age. If you are not at least 18 years old, you may not use the Site at any time or in any manner or submit any information to the Kua Sky or the Site.
Kua Sky provides content through the Site that is copyrighted and/or trademarked work of Kua Sky or Kua Sky’s third-party licensors and suppliers (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Kua Sky hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site
You can simply view the Site and you do not need to register with Kua Sky to do so.
Links to Third-Party Sites
This Site may be linked to other web sites that are not sites controlled or operated by a Kua Sky Entity (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Kua Sky, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Kua Sky is providing links to the Third-Party Sites to you as a convenience, and Kua Sky does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT Kua Sky WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Kua Sky’s endorsement or recommendation.
Electronic Communications
By using the Site, and provide contact information, you consent to receiving electronic communications, including electronic notices, from Kua Sky. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site provided on or through the Site. These electronic communications are part of your relationship with Kua Sky. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Website Privacy Policy
Please review the Kua Sky Website Privacy Policy, which is available at on this Site and which explains how we use information that you submit to Kua Sky via this Site.
Unauthorized Activities
When using this Site, you agree not to:
Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of such solicitation.
Use any robot, spider, scraper or other automated means to access the Site.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. Kua Sky reserves the right to terminate access to your account and your ability to post to this Site with or without cause and with or without notice, for any reason or no reason, or for any action that Kua Sky determines is inappropriate or disruptive to this Site or to any other user of this Site. Kua Sky may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Kua Sky’s discretion, Kua Sky will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
You agree to indemnify and hold Kua Sky Entities and their respective officers, directors, employees, agents, licensors and business partners harmless from and against any and all costs, damages, liabilities and expenses (including attorneys’ fees and costs of defense) Kua Sky or any other indemnified party suffers in relation to, arising from or for the purpose of avoiding any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Proprietary Rights
Kua Sky is our trademark in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Kua Sky. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Disclaimer of Warranties
Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by Kua Sky, and they may include inaccuracies or typographical or other errors. Kua Sky does not warrant the accuracy of timeliness of the Materials contained on this Site. Kua Sky has no liability for any errors or omissions in the Materials, whether provided by Kua Sky, our licensors or suppliers or other users.
Kua Sky, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THIS SITE, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND MATERIALS CONTAINED OR PRESENTED ON THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. KUA SKY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation of Liability
NO KUA SKY ENTITY SHALL BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL any KUA SKY entity BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF the KUA SKY entity KNOWS or should have known THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
Kua Sky controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
Feedback
If you send or transmit any communications, comments, questions, suggestions or related materials to Kua Sky, whether through the Site or by letter, email, telephone or otherwise (collectively, “Feedback”) suggesting or recommending changes to the Site, or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title and interest in, and Kua Sky is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing and selling, directly or indirectly, products using such Feedback. You understand and agree that Kua Sky is not obligated to use, display, reproduce or distribute any such ideas, know-how, concepts or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction or distribution.
Governing Law
Kua Sky will advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Kua Sky, may result in immediate termination of your access to this Site without prior notice to you. Any disputes relating to these Terms or this Site, or the business relationship between you and Kua Sky, will be heard in the courts located in Montgomery County, Maryland without reference to its laws relating to conflicts of law.
General Agreement
If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Kua Sky’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Kua Sky and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Kua Sky about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
